Talaaq typed out by wife
Category:
Marriage & Divorce
According to Madhhab:
Hanafi
Reference:
1440-364
the wife typed out the following:
I, Abdullah hereby give Fatimah an official Talaaq, Talaaq, Talaaq (Divorce)
Both husband and wife signed this in front of each other. Are the Talaaqs effective?
Answer:
If the wife typed out the 3 Talaaqs in the presence of the husband and both parties then (in each other’s presence) signed the document (without the husband verbally reading out the written document or/and articulating any Talaaq) such a written Talaaq will not be valid.
However, if the husband instructed the wife to type out the said divorce document (and she did so upon his instruction), the 3 Talaaqs will be valid and effective.
And Allah Ta'aala knows best
ANSWERED BY: ufti Mohammed Desai
CHECKED AND APPROVED BY: MMufti Muhammed Saeed Motara Saheb D.B
Date: 22 Jumadal Ukhra 1440 - English Date: 27 February 2019
